DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cewil Pty Ltd as the trustee for the Allu Family Trust T/A Subway Inala Plaza
(AG2018/3569)

CEWIL PTY LTD ENTERPRISE AGREEMENT 2018

Fast food industry
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Cewil Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cewil Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cewil Pty Ltd as the trustee for the Allu Family Trust T/A Subway Inala Plaza. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 4 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission was an application by Cewil Pty Ltd, as the trustee for the Allu Family Trust trading as Subway Inala Plaza, for approval of the Cewil Pty Ltd Enterprise Agreement 2018. The dispute arose in the context of the parties' employment relationship, focusing on the terms and conditions of the proposed enterprise agreement. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the proposed enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. These criteria included whether the agreement had been made in good faith, whether it provided for the terms and conditions of employment, and whether it complied with any relevant minimum standards prescribed by the Fair Work Regulations. Additionally, the Commission had to consider whether the agreement had been fairly and properly negotiated and if it provided for the appropriate dispute resolution mechanisms.

In delivering its decision, the Commission examined the evidence provided by both parties and considered the provisions of the proposed agreement. The Commission found that the agreement had been made in good faith and that it adequately provided for the terms and conditions of employment. It was also satisfied that the agreement complied with all relevant minimum standards and had been negotiated fairly and properly. Furthermore, the Commission approved the dispute resolution mechanisms outlined in the agreement. Consequently, the Commission approved the Cewil Pty Ltd Enterprise Agreement 2018.

In conclusion, the Commission approved the enterprise agreement, finding that it met all the necessary legal requirements and was in the best interests of the employees and the employer. The decision reinforces the importance of ensuring that enterprise agreements are negotiated fairly and provide for adequate terms and conditions of employment.

Cewil Pty Ltd as the trustee for the Allu Family Trust T/A Subway Inala Plaza

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established